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H v Tomlinson
Issue
The appeals concerned three first instance decisions:
(1) The granting of summary judgment in the Defendant's favour in the defamation claim because the sting of the words complained of was that the Claimant was violent and, given that he had admitted to numerous other acts of violence, there was no reasonable prospect of a justification defence failing.
(2) The decision to permit the Claimant to amend his Particulars of Claim in order to advance a case that, despite summary judgment being granted against him in his defamation claim, he was still entitled to advance a case based upon Article 8 to uphold his right to reputation.
(3) The decision to permit the Claimant to advance a case that his private information had been misused.